Case Details

Citation(s)
2021 SLG 326 2021 SLD 326 2021 YLR 90
Balochistan High Court
C. P. No. 73 of 2020, decided on 14-02-2020, Date of hearing: 12-02-2020.
ABDUL HAMEED BALOCH, JUSTICE
Atiq Ahmed for Petitioner.

RAKHSHANDA JAMAL

VS

SHAHIDULHASSAN 5 OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan---

----Art. 199---Constitutional petition---Maintainability---Pendency of criminal proceedings---Scope sought a direction to the police to trace out her minor daughters abducted by respondent had got lodged an FIR against the respondent for wrongfully confining and abducting her daughters had obtained khula from the respondent, therefore, personal grudge and dislike was visible had invoked the constitutional jurisdiction of High Court despite the fact that criminal proceedings were pending against the respondent could not invoke the constitutional jurisdiction on the same matter simultaneously---Constitutional petition was dismissed.

Mehmood Medical Store through Proprietors v. Services Hospital Lahore through Medical Superintendent 2012 YLR 174 ref.

ORDER

ABDUL HAMEED BALOCH, JUSTICE:---.---The petitioner filed instant constitution petition with the prayer:

“It is, therefore, in view of the above submissions, respectfully prayed that the respondents may kindly be called upon to explain their position regarding not tracing out the missed/abducted two daughters of the petitioner namely Maryam and Mah Noor at the hands of respondent No. 1 and after tracing out, the custody of the daughters may be handed over to the petitioner, in the interest of justice, equity and fair play.”

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